__C__6.

Somera sells to Buenviaje at P50 per gallon 300 gallons of gasoline stored in his truck’s
tank which, unknown to the parties, contains 500 gallons gasoline. What is the status of the
contract of sale between Somera and Bermejo?
a. The sale is void because the quantity available is more than the quantity sold.
b. The sale is valid up to 500 gallons of gasoline. Buenviaje must pay for the additional 200
gallons of gasoline.
c. The sale is valid up to 300 gallons of gasoline. Buenviaje becomes the owner of 3/5 of the
whole stock, while Somera becomes the owner of 2/5 thereof.
d. The sale is rescissible because Somera will suffer lesion of more than ¼ of the value of the
whole stock.

__B__7. San Miguel Corporation, which maintains a professional basketball team, entered into a
contract with Armstrong Rubber Company for the latter to provide a pair of rubber shoes to the
former’s two imported basketball player, Charles Jordan and Michael Barkley. Armstrong
Rubber Company was instructed to make a pair of for either or both the players in case the
company did not manufacture shoes of their size. No pair was, however, immediately available
for both the players. Charles Jordan, who is 6’5 tall and wears size 12 rubber shoes, was given a
pair the following day from the 300 pairs that Armstrong was in the process of manufacturing for
its customers at the time the orders were received. Micheal Barkley, who is 7’ tall and wears size
18 shoes, was provided three days later, with a pair that was specially made for him since
Armstrong does not make shoes of his size. What kind of contracts were entered into for the
shoes provided to the two basketball players?
a. The contract for the pair of shoes provided to Charles Jordan is a contract for a piece of work,
while that for Michael Barkley is a contract of sale.
b. The contract for the pair of shoes provided to Charles Jordan is a contract of sale, while that
for Michael Barkley is a contract for a piece of work.
c. Both contracts are contracts of sale.
d. Both contracts are contracts for a piece of work.